Legal Question in International Law in Illinois

parallel import

Hi, We are US corporation selling merchandise manufactured by an US firm on the internet. A German company contacted us through their lawyer stating we are in violation of parallel import and trademark(they say they are exclusive distributor in Germany) and threatening further legal action against us if we do not stop shipping merchandise to our German customers. I know the trademark charge is groundless since the merchandise is authentic and genuine. My questions are: what could happen if we choose to ignore it? Can a German company sues US company? in what court, under whose jurisdiction? Thanks,--name removed--


Asked on 2/21/07, 11:45 am

2 Answers from Attorneys
Michael Stewart Michael D. Stewart

Re: parallel import

You should contact the US manufacturing firm to understand exactly what their distribution agreement with the German manufacturer is. You should also review your contract with the US firm. Do take it seriously as they could sue you in Germany.

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Answered on 2/21/07, 12:09 pm
Johm Smith tom's

Re: parallel import

The TM charge may arise from their exclusive rights to use of that TM in Germany. They could easily sue you in Germany. Feel free to contact me on this; I have worked for a German law firm in Europe and speak German.

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Answered on 2/21/07, 2:39 pm


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